The experts will discuss private international law aspects of intellectual property protection and also consider e-commerce disputes and the role of alternative dispute resolution procedures.
The question of applicable law is a priority issue in copyright in cyberspace given the ease and speed with which it is possible to digitally transmit perfect copies of copyrighted materials to and from anywhere in the world with or without the authorisation of the copyright holder.
WIPO observes that choice of law issues have also assumed an increasing importance for industrial property rights, and in particular for trade mark rights. As markets have become increasingly global, the traditional system of granting trademark protection within the territory of individual states has come under considerable pressure.
The WIPO Forum will discuss intellectual property aspects of a Preliminary Draft Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters prepared under the auspices of the Hague Conference on Private International Law ("Hague Conference").
In particular, experts will consider those provisions with a bearing on the resolution of intellectual property disputes. At present, the draft provides that trade mark owners can bring infringement proceedings in the country of registration. This means that a small business owning a registered trade mark in one country could be at risk by using the trade mark on its web site unless it can be sure that there are no conflicting trade marks registered in other countries – which could be financially impossible without significant resources. This is one of the concerns that WIPO seeks to address.
The Hague Conference is planning to organise a Diplomatic Conference in the near future.